If your BAC is .08% or higher, you will be charged with DUI. These tests are not infallible, and it may be possible to successfully challenge this evidence. It is recommended that you hire an experienced DUI lawyer to review the facts of your case before pleading guilty.

Challenging the Results of Chemical Testing in DUI Cases

If you refuse chemical testing in the State of Alabama, your drivers license will be suspended for 90 days. This is additional to any suspension that could later be imposed by a DUI conviction. An Alabama law enforcement officer will often conduct a roadside breath test at the scene of the DUI arrest with portable equipment carried in their patrol car. You have a right to refuse the roadside breath test, but if you do, you will be required to submit to breath or blood alcohol content (BAC) test at the local police station.

Chemical testing of those accused of DUI must be conducted by law enforcement under strict protocol, any deviation could open the door to a successful DUI defense case presented by our experienced DUI attorneys. The accuracy of the tests can be challenged on the basis of a number of factors.

When a driver is pulled over under suspicion of DUI in Alabama, there is often a significant time lapse before the chemical tests are administered. The chemical test only shows BAC at the time of testing, not at the time of driving. As blood alcohol levels can continue to increase for more than an hour after drinking, this factor could be part of the strategy to defend your DUI charges.

Common DUI defense strategies include: